Laudisio v. Diamond "D" Construction Corp.

Hurlbutt, J. (dissenting).

I respectfully dissent in part. I agree with the majority that Supreme Court erred in granting defendant’s motion for summary judgment but, in my view, the court properly denied plaintiffs’ cross motion to strike the affirmative defense that the action is barred by the exclusivity provisions of Workers’ Compensation Law § 29 (6). Under well-established precedent, if Joseph DiPizio, the sole principal of plaintiff’s employer, Four Angels Construction Corp., was himself the property owner or general contractor, any action by plaintiffs against DiPizio would be barred…